Counterman v. Colorado on “True Threats” Online

Counterman v. Colorado raised the standard of proof required to prosecute those accused of engaging in “true threats,” which have been identified as one form of speech unprotected by the First Amendment. The decision requires prosecutors to prove that a defendant acted recklessly in disregarding the possibility that the victim would feel threatened by his internet messages. The Court sought to avoid the chilling effect on protected speech that could happen under the existing Colorado law which required only the showing that a “reasonable person” would find the speech threatening.